Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 2 June 2023
- Submitted by
- Members of the public/businesses
APPLICATION BY ECOTRICITY (HECK FEN SOLAR) LIMITED FOR THE HECKINGTON FEN SOLAR PARK ORDER 202[X] PLANNING INSPECTORATE REFERENCE: EN010123 SECTION 56 PLANNING ACT 2008: RELEVANT REPRESENTATION OF NETWORK RAIL INFRASTRUCTURE LIMITED This is the section 56 representation of Network Rail Infrastructure Limited (Network Rail) provided in respect of Ecotricity (Heck Fen Solar) Limited (the Promoter) application for a development consent order (the Order) for the Heckington Fen Solar Park (the Scheme). Network Rail is a statutory undertaker and owns, operates and maintains the majority of the rail infrastructure of Great Britain, including the Grantham to Skegness line and verges, which lies to the east of Heckington Fen (the Railway). The Order sought by the Promoter includes development consent for the construction, operation and decommissioning of solar photovoltaic (PV) generating facility 50 megawatts (MW) output capacity together with associated energy storage. The installed capacity of the solar generation is expected to be in the order of 500MV. The Promoter seeks authority and powers in the draft Order for new rights to be compulsorily acquired over the following plots on the Railway and land owned by Network Rail: 1. 2274.5 square metres, or thereabouts, of land consisting of a railway directly to the north of the South Forty Foot Drain (plot 190). Network Rail wishes to ensure that the Scheme will not have a detrimental impact on the operation of the Railway and that the safety of the Railway is maintained during the construction, operation and ongoing maintenance requirements of the Scheme. As the Promoter proposes to compulsorily acquire new rights to be exercised in close proximity to the Railway, Network Rail wishes to object to the making of the Order on the ground that the rights sought might interfere with the safe and efficient operation of the Railway. In order for Network Rail to be in a position to withdraw its objection Network Rail will require adequate protective provisions and/or requirements to be included within the Order and an agreement with the Promoter to ensure that the new rights sought are exercised in regulated manner to prevent adverse impacts to the Railway. Network Rail is continuing to review the Promoter's plans, draft Order and application documents, and will continue to work constructively with the Promoter to clarify any issues raised. The Examining Authority and the Secretary of State will need to be satisfied that railway safety and operations will not be compromised by the making of the Order. Network Rail respectfully requests that the Examining Authority treats Network Rail as an Interested Party for the purposes of the Examination and Network Rail reserves the right to produce additional and further grounds of concern when further details of the Scheme and its effects on Network Rail's assets are available.